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Supreme Court of India

No assessment under section 153C in absence of incriminating material: SC

May 8, 2023 6861 Views 0 comment Print

DCIT Vs U.K. Paints (Overseas) Ltd. (Supreme Court of India) As found by the High Court in none of the cases any incriminating material was found during the search either from the Assessee or from third party. In that view of the matter, as such, the assessments under Section 153-C of the Act are rightly […]

Resolution plan must meet the mandate of Code and not violate rights given to secured creditor: SC

May 7, 2023 1347 Views 0 comment Print

Vistra ITCL (India) LTD Vs Dinkar Venkatasubramanian (Supreme Court of India) The difficulty which arises in the present case is that, in terms of the decision of this Court in Anuj Jain (supra) and Phoenix ARC (supra), Appellant No. 1 Vistra is to be treated as a secured creditor, but would not fall under the […]

IBC: Section 9 petition cannot be dismissed merely because some invoices are time barred

May 7, 2023 1545 Views 0 comment Print

Next Education India Private Limited Vs K12 Techno Services Private Limited (Supreme Court of India) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17-03-2021 passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, Principal Bench in Company Appeal (AT) (Insolvency) No.98/2019, by which the NCLAT has dismissed the said appeal […]

Addition u/s 69C sustained as search in group concern proved maintaining of books of accounts outside regular books

May 6, 2023 2007 Views 0 comment Print

Supreme Court held that addition u/s 69C as unexplained income sustained as based on search conducted in group concern it was found that assessee was maintaining the books of accounts outside regular books.

Appeals against ITAT Order will Lie before HC in whose Jurisdiction AO is Situated: SC

May 6, 2023 3141 Views 0 comment Print

Appeals against every ITAT decision shall lie only before High Court within whose jurisdiction AO who passed assessment order is situated: SC

Co-op Credit Society Eligible for Section 80(P)(2) Income Tax deduction: SC

May 6, 2023 13239 Views 0 comment Print

CIT Vs. Annasaheb Patil Mathadi Kamgar Sahakari Pathpedi Limited (Supreme Court) There are concurrent findings recorded by CITA, ITAT and the High Court that the respondent/Assessee cannot be termed as Banks/Cooperative Banks and that being a credit society, they are entitled to exemption under Section 80(P) (2) of the Income Tax Act. Such finding of […]

Section 16B of HPGST invocable only after determination of liability

May 5, 2023 960 Views 0 comment Print

Held that section 16-B of the Himachal Pradesh General Sales Tax Act, 1968 (HPGST) would be attracted only after determination of the liability.

Kerala VAT Act – SC declares rate of tax of Mosquito Mats @ 12.5% & Dettol @ 4%

May 5, 2023 1161 Views 0 comment Print

It is the case of the appellant that Mosquito Mats, Coils and Vaporizers and Mortein Insect Killers shall be classifiable as insecticides under Entry 44(5) and therefore chargeable to tax at 4%.

Educational institution making huge surplus not eligible for section 10(23C)(vi) exemption: SC

May 4, 2023 15966 Views 0 comment Print

SC in UOI v. Baba Banda Singh Bahadur Education Trust held that educational institution making huge surplus is not eligible for section 10(23C)(vi) exemption

SC upholds Section 327(7) Companies Act which Overrides Payment of Workers dues during IBC CIRP

May 4, 2023 2658 Views 0 comment Print

Moser Baer Karamchari Union Vs Union of India (Supreme Court of India) By way of this writ petition under Article 32 of the Constitution of India, the petitioner – union has sought for an appropriate writ, direction or order striking down Section 327(7) of the Companies Act, 2013 as arbitrary and violative of Article 21 […]

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